Sick days in British Columbia: What you need to know in 2025

Sick days are a key part of staying healthy and productive at work. Understanding your rights when it comes to sick leave in British Columbia can help both employees and employers avoid misunderstandings. This simple guide explains how many sick days you’re entitled to in B.C., whether they are paid, and what to do if issues arise.

How many sick days do you get in B.C.?

Under British Columbia’s Employment Standards Act (ESA), most provincially regulated employees are entitled to:

• 5 paid sick days per year
• 3 additional unpaid sick days per year

These days can be used if you are ill, injured, or need to attend a medical appointment.

To qualify, you must have been employed for at least 90 days with your employer.

👉 Note: If your employer provides more generous leave through an employment contract or workplace policy, you may be entitled to additional sick days.

Are sick days paid in B.C.?

Yes! As of January 1, 2022, British Columbia requires employers to provide 5 paid sick days each year. These are in addition to your unpaid sick days.

Here’s what you need to know:

• You’re entitled to your regular wages on your paid sick days.
• Paid sick leave resets every calendar year.
• These rules apply to full-time, part-time, temporary, and casual workers, as long as they’ve been employed for 90 days.

Some employers may offer even more paid sick days through workplace policy. If your employer doesn’t, and you need more time off, you may be eligible for temporary income support through Employment Insurance (EI) sickness benefits.

Note: Federally regulated employees in B.C., such as those working in banking or telecommunications, are entitled to up to 10 paid sick days under federal law. Learn more in our guide on sick days for federally regulated employees.

Can an employer make you use vacation days instead of sick days?

No. Vacation days and sick leave are two separate entitlements under B.C.’s ESA.

Your employer can’t force you to use your vacation time if you’re sick. If they try to do this, it could be a violation of your rights.

EXPLORE MORE
• Vacation Pay in B.C.
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Can you be fired for taking sick leave in B.C.?

No, your employer can’t terminate your employment simply because you take sick leave that you’re entitled to under B.C.’s Employment Standards Act.

But here’s what you should know:

• If your employer ends your job for reasons unrelated to your leave (like company restructuring), you are entitled to a severance package – as much as 24 months’ pay.
• If you believe you were fired because you took sick leave, you may have a claim for wrongful dismissal and a human rights violation.

How many times can you call in sick before you get fired in B.C.?

There’s no set legal limit for how often you can take sick days. However:

• It’s important to provide medical documentation if requested, especially for extended or frequent absences.
• Employers can’t legally terminate you for exercising your right to sick leave, but excessive, unexplained absenteeism may lead to performance issues.

It is very difficult for an employer in B.C. to fire you for cause due to sick leave alone. If you’re worried, contact our team at Samfiru Tumarkin LLP for advice on your severance and workplace rights.

Sick days B.C. law: Employer rights and responsibilities

Employers in B.C. can request reasonable proof that an employee is ill, such as a doctor’s note. However, they must follow these rules:

• They can’t demand private medical details, like your diagnosis or treatment plan.
• Employers can only ask for your prognosis, and:
  • The length of you your absence
  • Any work restrictions or accommodations
  • Confirmation that you’re receiving medical care

Employers can’t retaliate against employees for using sick leave. If they do, it may lead to claims for constructive dismissal or a human rights complaint.

Workplace accommodations for serious illness in B.C.

If your illness qualifies as a disability under the B.C. Human Rights Code, your employer has a duty to accommodate you. This could include:

• Allowing extended unpaid leave
• Modifying your duties or work schedule
• Providing special equipment to help you work

Employers must accommodate to the point of undue hardship, however it is an extremely high threshold. You’ll need to provide medical documentation to support your accommodation request.

What should you do if you’re denied sick leave in B.C.?

If your employer denies you sick leave or penalizes you for using it, follow these steps:

1. Document everything: Keep written records of conversations and decisions.
2. File a complaint: Contact B.C.’s Employment Standards Branch.
3. Talk to an employment lawyer: The team at Samfiru Tumarkin LLP can help you explore claims for wrongful dismissal or human rights violations. You could be owed substantial compensation.

Key takeaways

• B.C. law gives most employees 5 paid sick days and 3 unpaid sick days per year.
• Employers can’t force you to use vacation days instead of sick leave.
• You can’t be fired for taking sick days or leave that you’re entitled to.
• If your illness qualifies as a disability, your employer must accommodate you.
• If you’re denied sick leave or punished for taking it, you may have legal options.

At Samfiru Tumarkin LLP, our experienced B.C. employment lawyers are ready to protect your rights and secure the compensation you deserve. We’ve helped tens of thousands of non-unionized employees in B.C. stand up to unfair treatment.

Contact us today or call 1-855-821-5900 for a consultation. It’s your first step towards fair treatment and compensation.